Politicization of PECA Act – Modern Diplomacy
The Prevention of Electronic Crimes Act 2016, also known as cybercrime law, was proposed by then Prime Minister Nawaz Sharif in a 20-point National Action Plan to combat terrorism and to regulate online speech. The Electronic Transactions Ordinance of 2007 and the Pakistan Telecommunication Act of 1996 were insufficient. About 50 amendments were introduced before imposing the law, but the core criticisms remained unaddressed. The bill had four versions, and the final version was passed in August 2016. Under this act, maximum authorities were given to FIA and PTA.
Sections of the act are as follows:
l Section 20 that criminalizes online defamation
l Section 21 that deals with personal data misuse
l Section 37 grants power to PTA to block or remove online content.
PECA Act and Nawaz Sharif:
When the bill was brought in the National Assembly in August 2016, many opposition members from PTI, PPP, MQM, etc. were absent. The ruling party was PML-N, who had the simple majority, and the law was passed easily due to low attendance of opposition parties. The bill was reviewed by the Standing Committee of the National Assembly that was chaired by Captain Muhammad Safdar. Civil societies were also invited, but there was limited meaningful debate, and the law was passed under the guise of cyber threats.
The law was not successfully implemented, as according to section 29 of the PECA Act, the FIA failed to report. Senator Aitzaz Ahsan raised this issue in 2017: about two reports should have been presented before Parliament within one year, but not a single report was presented. Furthermore, the government’s ability to address the cybercrime cases worsened after the law was passed. The government in October 2016 announced the allocation of Rs. 2 billion for cybercrime police stations, but nothing came out of it.
The federal government ordered, particularly in May 2017, a crackdown on those who were involved in anti-state content, including Jibran Nasir, who received a summons from the FIA’s cybercrime sector, and Salar Kakar, a member of PTI’s social media team. Imran Khan criticized the ruling party for using law as a political tool to victimize PTI social media activists.
Turning of the table:
While PML-N was still in power, the table started to turn. A law introduced to suppress opponents turned on the PML-N. In 2017, Nawaz Sharif was disqualified by the Supreme Court. Adil Tanoli, a PML-N social media handler, was charged under sections 9, 10, and 20 of the PECA Act. Aniha Anam Chaudhry and Ambreen Maria Chaudhry, two PML-N female workers, wrote a letter to then Interior Minister Ahsan Iqbal that nearly 20 to 25 FIA workers entered their house and seized the laptops and mobile phones. Later, they were called by the FIA. In October 2017, Nawaz Sharif brought attention to the harassment of the party’s social media activists and called it an attack on freedom of speech.
PECA Act under Imran Khan:
The PECA Act was used extensively by Imran Khan as a political and media control tool. Within four years of his tenure, about 300,000 complaints were filed, but most were related to social media content, not hacking, fraud, or harassment. PTI introduced “Removal and Blocking of Unlawful Online Content” in 2020 to strengthen control over social media. Saleem Safi was removed when he highlighted the closure of the RTS system in the 2018 elections. Nusrat Javed was forced to leave her job for criticizing Imran Khan. Imran Khan sued Najam Sethi for 10 billion rupees. Absar Alam was targeted for questioning Asim Bajwa and his wealth. Hamid Mir was unable to return until Imran Khan was gone. Asad Ali Toor was forced out of Samaa TV for criticizing Imran Khan. Mohsin Baig, who was the former friend of Imran Khan, was arrested by FIA at the request of Murad Saeed, as Baig highlighted Murad’s performance as a minister. Ironically, in a seminar on media independence in Islamabad in July 2022, Imran Khan claimed that he was unaware of journalists’ disappearances and never issued orders against any journalist.
Many pages on Facebook and Twitter that were critical of the establishment, judiciary, or Imran Khan were restricted. This included a large number of opposition social media accounts that were put under strict monitoring of the FIA Cyber Crime Wing. Gul Bukhari, a human rights activist and one of the most prominent government critics, was abducted in 2018. She was asked to appear before court, and in case of her absence, she was threatened to be charged with the PECA Act, according to the statement in February 2020 by FIA.
PECA Ordinance Act 2022—an amendment that was not accepted:
In February, at the request of Imran Khan, President Arif Alvi issued a presidential ordinance to amend the PECA Act. Under Section 20, online defamation was extended to more institutions (military, judiciary), the offense was non-bailable, and the punishment was increased from three years to five years. Maryum Nawaz criticized this amendment by declaring that the laws used to silence the media and opposition will eventually be used against Imran Khan, a claim that has become a reality today. Amnesty International and Human Rights Watch condemned this provision of PTI. Under Imran Khan, Pakistan’s press freedom dropped from 139 to 157. However, Islamabad High Court Chief Justice Athar Minallah ruled the PECA Ordinance unconstitutional, unlawful, illegal, and a violation of freedom of speech, but this decision is still in a legal limbo even after three years because the judge has not issued detailed reasoning for this action.
PECA Amendment of 2025:
In May 2024, Prime Minister Shehbaz Sharif drafted an amendment to establish the Digital Rights Protection Authority under the supervision of the Ministry of Information Technology. The latest amendment of 2025 was proposed on January 23 and was passed in 15 minutes. President Asif Ali Zardari signed the draft on January 29, and the government passed the law on February 8, constricting penalties for false information, including up to three years in jail and a fine payment of 2 million rupees. The establishment of SMPRA prompted criticism and outrage among media professionals. They condemned this amendment as a violation of free speech rights. Critics argue that this amendment requires journalists to mention their source, which is against journalism ethics. The new amendment included Section 26(A), which criminalizes the sharing of any content that may cause fear, panic, or disorder. Ironically, PTI challenged this amendment in Lahore High Court, forgetting that a similar amendment was proposed by it. Many media associations called it the blackest law. Sherry Rehman and Raza Rabbani of PPP also criticized this amendment.
Section 20 of the PECA Act:
Defamation laws are prone to misinterpretation in Pakistan, a reality almost all Parliament members of Pakistan know. The word “defamation” was excluded from Article 19 of the 1973 Constitution of Pakistan in 1975. Though section 499 of Pakistan’s Penal Code criminalized defamation, it at least included explanations and exemptions. In this backdrop, PECA introduced a new cyber defamation law, which includes intentionally or publicly sharing any information that poses a threat to the dignity of a person. Human Rights Watch also highlighted the ambiguity of section 20.
While the PECA Act is necessary to prevent defamation, its vague wording has prompted actions against journalists, opposition members, and activists. A flexible and accountability-based approach will ensure that genuine crimes are addressed.
